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Cancellation Of Employment Contract Template for Germany

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Key Requirements PROMPT example:

Cancellation Of Employment Contract

"I need a Cancellation Of Employment Contract for a software developer in our Munich office, including a 3-month notice period starting January 15, 2025, with garden leave provisions and a reminder of existing non-compete obligations for the technology sector."

Document background
The Cancellation Of Employment Contract (Kündigung des Arbeitsvertrages) is a crucial document in German employment law that formalizes the termination of an employment relationship. It is used when either the employer wishes to terminate an employee's contract (with proper cause or during probationary period) or in cases of mutual agreement termination. The document must strictly comply with German labor law requirements, including the German Civil Code (BGB), Protection Against Dismissal Act, and Works Constitution Act where applicable. It must include specific elements such as clear termination declaration, notice periods, final settlement terms, and company property arrangements. This document is particularly important as German employment law provides strong employee protections, making proper documentation and compliance with formal requirements essential to ensure legal validity of the termination.
Suggested Sections

1. Header Details: Company letterhead, date, and recipient's address details

2. Subject Line: Clear indication that this is a termination notice (Kündigung des Arbeitsvertrages)

3. Main Declaration: Clear and unambiguous statement of employment contract termination

4. Termination Date: Specific mention of the last day of employment, considering notice periods

5. Legal Basis: Reference to relevant contract clauses or legal provisions justifying the termination

6. Notice Period Confirmation: Confirmation that statutory or contractual notice period is being observed

7. Final Settlement: Information about final salary payment and outstanding amounts

8. Company Property: Request for return of company property (keys, devices, documents, etc.)

9. Signature Block: Space for authorized signatory and company stamp

Optional Sections

1. Garden Leave: Section releasing employee from duty to work during notice period, if applicable

2. Severance Payment: Details of any severance payment offered, used when part of a mutual agreement termination

3. Reference Letter: Mention of the provision of a reference letter, if being provided

4. Non-Compete Reminder: Reminder of existing non-compete obligations, if applicable

5. Works Council Reference: Reference to works council consultation, required if works council exists

6. Reason for Termination: Explanation of termination reasons, optional unless required by law or contract

7. Outstanding Vacation: Handling of remaining vacation days or compensation

8. Benefits Termination: Details about termination of benefits, insurance coverage, etc.

Suggested Schedules

1. Calculation of Final Payment: Detailed breakdown of final salary, vacation compensation, and other payments

2. Company Property List: Itemized list of company property to be returned

3. Severance Calculation: If applicable, detailed calculation of severance payment

4. Handover Protocol: Template for documenting the handover of ongoing projects and responsibilities

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




















Clauses




















Relevant Industries

Manufacturing

Technology

Financial Services

Retail

Healthcare

Professional Services

Construction

Education

Hospitality

Transportation

Energy

Telecommunications

Real Estate

Media and Entertainment

Public Sector

Non-Profit

Agriculture

Automotive

Chemical Industry

Consulting

Relevant Teams

Human Resources

Legal

Compliance

Executive Management

Administration

Corporate Governance

Personnel Management

Operations

Employee Relations

Relevant Roles

HR Manager

HR Director

Legal Counsel

Employment Lawyer

HR Business Partner

Personnel Administrator

Compliance Officer

Managing Director

Department Head

Line Manager

HR Administrator

Chief Human Resources Officer

Operations Manager

Office Manager

Company Secretary

General Counsel

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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